Mycone Dental Supply Co., Inc. v. Creative Nail Design, Inc.

Filing 120

JOINT STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINES AND THE DEADLINES TO EXCHANGE EXPERT REPORTS. Signed by Judge Richard Seeborg on 4/29/13. (cl, COURT STAFF) (Filed on 4/29/2013)

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VENABLE LLP
ADAM R. HESS (pro hac vice)
Email: [e-mail]
CHRISTOPHER T. LA TESTA (pro hac vice)
Email: [e-mail]
575 7th Street N.W.
Washington, D.C. 20004
Telephone: [phone]
Facsimile: [phone]

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FREITAS TSENG & KAUFMAN LLP
CRAIG KAUFMAN (SBN 159458)
Email: [e-mail]
100 Marine Parkway
Suite 200
Redwood Shores, CA 94065
Telephone: [phone]

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Attorneys for Defendant
CREATIVE NAIL DESIGN, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MYCONE DENTAL SUPPLY CO., INC.,
D/B/A/ KEYSTONE RESEARCH &
PHARMACEUTICAL,
Plaintiff,
vs.
CREATIVE NAIL DESIGN, INC.,
Defendant.

Case No. 3:12-cv-00747-RS
JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING DISCOVERY
DEADLINES AND THE DEADLINES TO
EXCHANGE EXPERT REPORTS

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AND RELATED COUNTERCLAIM

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Pursuant to Local Rule 6-1, Defendant/Counterclaim Plaintiff Creative Nail Design, Inc.

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(“CND”), Plaintiff Mycone Dental Supply Co., Inc. (“Keystone”), and Counterclaim Defendants

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Young Nails, Inc., Cacee, Inc. and Nail Systems International (“Counterclaim Defendants”), by

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and through their respective counsel, hereby stipulate and agree, subject to the Court’s approval,
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JOINT STIPULATION EXTENDING DISCOVERY DEADLINES
AND THE DEADLINES TO EXCHANGE EXPERT REPORTS
CASE NO. 3:12-CV-00747 RS

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to extend the deadlines for the close of fact and expert discovery and to extend the deadlines for

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the parties to exchange their expert reports as follows:

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

The deadline for the completion of all non-expert discovery is extended from June 28,
2013 to September 13, 2013.

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

The deadline for the parties to exchange opening expert reports is extended from May 3,
2013 to July 2, 2013.

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

The deadline for the parties to exchange rebuttal expert reports is extended from May 31,
2013 to July 31, 2013.



The deadline for the completion of discovery of expert witnesses is extended from July 26,
2013 to November 1, 2013.

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In addition, the parties have agreed to, and request that, an additional deadline be set for

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the service of a reply expert report on August 30, 2013. The parties have agreed that with

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respect to 35 U.S.C. § 103, in the opening expert reports, Keystone will set forth its prima facie

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case of obviousness. In the rebuttal expert reports, CND will set forth its rebuttal to Keystone's

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prima facie obviousness case, including any arguments on secondary considerations of

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nonobviousness. The reply expert report will be served by Keystone only, and will solely be for

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the purpose of rebutting CND's arguments on secondary considerations of nonobviousness. In

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addition, the parties have agreed that CND may take fact discovery beyond the agreed-upon

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deadline set forth above, but only on any new issues of fact raised in Keystone’s reply expert

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report.

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The parties request the extensions for the reasons explained in the Declaration of

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Christopher T. La Testa, submitted herewith. This extension will not affect any other deadlines

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set by the Court. In addition, this extension will not affect any pre-trial or trial dates as no dates

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have been set for trial.

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Dated: April 26, 2013

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Respectfully submitted,
FREITAS TSENG & KAUFMAN LLP
By /s/ Craig R. Kaufman
CRAIG R. KAUFMAN (SBN 159458)
Email: [e-mail]
100 Marine Parkway, Suite 200
Redwood Shores, CA 94065
Telephone: [phone]

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JOINT STIPULATION EXTENDING DISCOVERY DEADLINES
AND THE DEADLINES TO EXCHANGE EXPERT REPORTS
CASE NO. 3:12-CV-00747 RS

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Adam R. Hess (pro hac vice)
[e-mail]
Christopher T. La Testa (pro hac vice)
[e-mail]
VENABLE LLP
575 7th Street N.W.
Washington, D.C. 20004
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant, CREATIVE NAIL DESIGN,
INC.

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FISH & RICHARDSON P.C.

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By /s/ John R. Lane
JOHN M. FARRELL (SBN 99649)
Email: [e-mail]
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]

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John R. Lane (admitted pro hac vice)
Email: [e-mail]
1 Houston Center
1221 McKinney Street
Suite 2800
Houston, TX 77010
Telephone: [phone]
Jonathan E. Singer (Cal. Bar No. 187908)
[e-mail]
12390 El Camino Real
San Diego, CA 92130
Telephone : [phone]
Facsimile : [phone]
Joseph A. Herriges (pro hac vice)
[e-mail]
FISH & RICHARDSON P.C.
60 South 6th Street, Suite 3200
Minneapolis, MN 55402
Telephone: [phone]

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JOINT STIPULATION EXTENDING DISCOVERY DEADLINES
AND THE DEADLINES TO EXCHANGE EXPERT REPORTS
CASE NO. 3:12-CV-00747 RS

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Ira A. Rosenau (pro hac vice)
[e-mail]
KLEHR HARRISON HARVEY
BRANZBURG, LLP
1835 Market Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff, MYCONE DENTAL
SUPPLY CO., INC., D/B/A/ KEYSTONE
RESEARCH & PHARMACEUTICAL

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JOINT STIPULATION EXTENDING DISCOVERY DEADLINES
AND THE DEADLINES TO EXCHANGE EXPERT REPORTS
CASE NO. 3:12-CV-00747 RS

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[PROPOSED] ORDER

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PURSUANT TO THE FOREGOING STIPULATION, IT IS HEREBY ORDERED

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THAT the deadlines for the close of fact and expert discovery and the deadlines for the parties to

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exchange their expert reports are extended and set as follows:
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September 13, 2013.

The deadline for the parties to exchange opening expert reports:

July 2, 2013.

The deadline for the parties to exchange rebuttal expert reports:

July 31, 2013.

The deadline for Keystone to serve its reply expert report:

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The deadline for the completion of all non-expert discovery:

August 30, 2013.

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The deadline for the completion of discovery of expert witnesses: November 1, 2013.

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IT IS SO ORDERED.

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Dated:

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4/29

, 2013
___________________________________
Hon. Richard Seeborg
United States District Judge

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JOINT STIPULATION EXTENDING DISCOVERY DEADLINES
AND THE DEADLINES TO EXCHANGE EXPERT REPORTS
CASE NO. 3:12-CV-00747 RS